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Mahoneys aims to keep our clients up-to-date with the latest in legal information.

  • 22-Nov-2018 / Posted by Antony Harrison

    Medical practice structuring and home ownership

    Medical practice structuring and home ownership Structuring your medical practice to protect the family home Are you a medical practitioner? Trading as a trust may be the best way to minimise your personal exposure in the event of bankruptcy. Depending on your priorities and risk profile, ..
  • 22-Nov-2018 / Posted by Rhys Williamson

    Unpacking recent changes to Australia’s IP legislation

    Recent changes to Australia’s intellectual property legislation reflect some of the recommendations made by the Productivity Commission in 2016. This article explores how these changes will impact parallel importers and plant breeders, as well as addressing trade mark cluttering. We further exam..
  • 12-Nov-2018 / Posted by John Forde

    Three strikes and you’re out – but only if you play fair

    We are pleased to announce a further victory for one of our resident manager clients in the Queensland Civil and Administrative Appeal Tribunal. In this matter the Body Corporate by its committee had embarked on an endeavour to terminate the Grounds Maintenance Contract (“GMC”) with our clie..
  • 02-Nov-2018 / Posted by Will Kenny

    War, what is it good for?

    With so much at stake, Mahoneys recommends community title scheme managers work towards an amicable solution before pursuing litigation. In Mahoneys’ recent victory in TLL Investment Pty Ltd v The Body Corporate for the Grange CTS 30993, the member’s judgment opened with a quote from former ..
  • 31-Oct-2018 / Posted by John Forde

    A matter of trust: the fiduciary duties of body corporate committees

    An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly regarding the use of “information”. The fiduciary duties of a body corporate committee exist at general law and are restated under the Body Corporate and Co..
  • 08-Oct-2018 / Posted by Mitchell Downes

    Mahoneys 又一次为小区经理取得胜利

    Mahoneys 在QCAT法庭上又一次为昆士兰的物业管理经理群博得了胜利。 此次的审讯长达十天,双方展示的呈堂证供超过了两千页的宣誓书以及一千页的口头证据和意见书。 Body Corporate 向我们的客户发出了五份法律 ‘补救行动通知书’ Remedial Action Notice (RAN),以及威胁终结物业管理合同。在QCAT法庭上,Mahoneys以多年丰富的实战经验强力的反驳了此五份RAN的有效性。最终,法庭宣布Mahoneys的建议为正确的法律立场 - 法官宣布废除两份由全业主投票通过的合同终止通知(Caretaking Agreement T..
  • 19-Sep-2018 / Posted by Mitchell Downes

    Mahoneys wins again for resident managers

    Mahoneys has secured yet another win for resident managers in the Queensland Civil and Administrative Tribunal. The trial was hard fought over 10 days of hearing. There were over 2,000 pages of affidavit evidence and 1,000 transcript pages of oral evidence and submissions. Five remedia..
  • 22-Aug-2018 / Posted by Ben Seccombe

    行业快讯: 小区经理遭到Committee欺压怎么办?

    早在2015年,Mahoneys律师行为小区经理在昆州成功的对于workplace bullying提出昆士兰第一件成功的诉讼案。这一步引领着行业为小区经理受到committee的欺压(bully)来博得正义与公正。2015年案是昆士兰Fair Work Commission (公平工作委员会)第一次承认小区经理为‘worker’身份。这是历史性的进步,假如没有承认worker身份,那么将无法以workplace bullying 我们也察觉到了这一个现象越来越频繁的出现。很多时候Body Corporate都会使用欺压的手段来骚扰小区经理,扰乱小区经理的工作,或是攻击..
  • 08-Aug-2018 / Posted by Ben Seccombe

    Industry update: Caretaker bullying by bodies corporate

    by Ben Seccombe, Partner & Amelia Hasson, Lawyer Back in 2015, Mahoneys acted for the first caretaker recognised by the Fair Work Commission as a ‘worker’ for the purposes of a workplace bullying action and we continue to lead the way in this area. Since then, we have noticed an..
  • 26-Jul-2018 / Posted by John Forde

    Franchise agreements, trade marks and Australian consumer law

    A franchise is a business arrangement that allows a person to operate under the name of an already established business. A recent dispute involved an International Restaurant franchisor who terminated its agreements with its Australian franchisees for non-payment of outstanding fees. Th..

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